Online Marketplace Defeats Trademark Suit Because It's Not the "Seller"--OSU v. Redbubble

Online Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. Redbubble

Redbubble is an online marketplace for artists. It outsources many of its functions. Its artist-vendors “are automatically connected with a third-party manufacturer to make the goods.” Redbubble also uses third-party services to package/ship goods and process payments. It appears much…

Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Amazon & More

Three interesting recent keyword advertising cases: Comphy Co. v. Amazon.com, Inc., 2019 WL 1128519 (W.D. Wash. March 12, 2019) Comphy makes high-end linens. It chooses not to sell directly on Amazon. Nevertheless, Amazon has purchased search engine keyword ads triggered…

Ruling in Emoji Beach Ball IP Case Left Me Confused ๐Ÿ˜•--Kangaroo v. Amazon

Ruling in Emoji Beach Ball IP Case Left Me Confused ๐Ÿ˜•–Kangaroo v. Amazon

This case involves the alleged counterfeiting of emoji beach balls on Amazon. It doesn’t get into emoji-specific IP issues and devolves into a garbled tangle over Amazon marketplace product catalog issues. Still, EMOJI LAW ALERT!!! ๐Ÿ˜ฒ The plaintiff makes emoji…

Another Failed Legal Challenge to Zillow's Zestimate--EJ MGT v. Zillow

Another Failed Legal Challenge to Zillow’s Zestimate–EJ MGT v. Zillow

The plaintiff is a real estate investor. It bought and fixed up a property in New Jersey. Afterwards, the plaintiff listed the property forย $7,788,000. On the property’s Zillow page, right below the listing price, Zillow displayed its zestimate of $3,703,597….

Top Internet Law Developments of 2018

My schedule tends to get busy around each new year, so my year-end recaps keep coming later and later. I hope it’s better late than never. Itโ€™s been a rough year for Internet law. As I tweeted in June: When…

Recap of the California Assembly Hearing on the California Consumer Privacy Act

Recap of the California Assembly Hearing on the California Consumer Privacy Act

Yesterday, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act. I believe this is the first legislative hearing ever on the law. The initial passage took place in a frenetic week,…

A Status Report on the California Consumer Privacy Act

A Status Report on the California Consumer Privacy Act

Yesterday, I did a webinar for the California Lawyers Association on the status of the California Consumer Privacy Act (CCPA). This post recaps the discussion. A Quick Overview of the CCPA The CCPA imposes 6 new obligations on covered businesses:…

Illinois Supreme Court Authorizes Biometric Lawsuits Without Any Allegation of Harm–Rosenbach v. Six Flags

Six Flags, the amusement park operator, allegedly violated Illinois Biometric Privacy Statute by collecting a minorโ€™s fingerprint without consent. The state appeals court held that plaintiff had to allege harm beyond the information collection without consent. The Illinois state supreme…

Fourth Amendment Limits NYC’s Demands for Airbnb Customer Records

As part of its ongoing crackdown on short-term lodging, New York City passed an anti-Airbnb ordinance scheduled to take effect next month. HomeAway was also affected by the law, but Iโ€™ll focus on Airbnb. The ordinance addresses the challenges faced…

41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act

41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act

41 California privacy lawyers, professionals, and professors are urging the California legislature to make major changes to the California Consumer Privacy Act (CCPA), which the legislature hastily passed in 2018. The letter highlights six significant problems with the CCPA, including:…